Terms and Conditions

A. You should read this Agreement thoroughly because the following terms and conditions constitute a legally binding contract (hereinafter referred to as “Agreement”) between you and Veluxe, Inc. (“Veluxe” or “the company”), a Delaware corporation.

B. In order to use the Veluxe Service, you are required to agree to the terms and conditions set forth below, including the appended Veluxe Privacy Policy (Appendix A), and you acknowledge your agreement by using any of the services offered by Veluxe, including by downloading, installing or using Veluxe software or otherwise utilizing the Veluxe Service to connect with one or more others. Thus, in accepting or using Veluxe software or other technology or using any other Veluxe Service or Veluxe Provider services, you thereby expressly agree to be bound by all of the terms and conditions of this Agreement and you further agree to be bound by any modifications, amendments and additions to this Agreement as may be set forth from time to time at the Veluxe website (http://www.veluxe.com/terms-conditions/).

C. In this Agreement,

The term “company” or “Veluxe” means Veluxe, Inc., a Delaware corporation;
The terms “Veluxe Customers” or “VC” or “VCs” and the word “you” refer to any person using the Veluxe Services (defined below), the Veluxe APP or Veluxe software to connect to providers of certain services about whom information is made available by Velux and with whom appointments are scheduled (and paid for) through Veluxe;
The terms “Veluxe Providers” or “VP” or “VPs” refer to the independent contractor-providers who offer their services through the Veluxe Service;
The term “Veluxe Service” means (i) the Veluxe Web Application (“Veluxe APP” or “APP”) and any and all related Veluxe-owned software or other technology and know-how; (ii) the Veluxe appointment booking service made available to facilitate commercial connections between VCs and VPs through the use of the APP and related technology; and (iii) the means provided by Veluxe and through which VCs pay VPs for their services;
The terms “User” and “Users” refer to any person who accesses or uses the Veluxe Service;
The term “content” means text, information or related material; graphics and images; audio, including music; video and software (other than the Veluxe App). The terms “company content” means any content that the company makes available through the APP or the Veluxe Service, including that which is licensed from a third party, but it does not include any VC or VP content. The term “user content” refers to content that a Veluxe user posts, uploads, publishes, submits or otherwise transmits to be made available through the Veluxe Service or APP.

D. You agree and warrant that you are 18 years of age or older and that you enter into this agreement free of any circumstance that would interfere with your being bound by it. You further agree and warrant that your use of the Veluxe Service is for your sole and personal use and that you will not authorize others to use your account or user status or assign or otherwise transfer your account to any other person or entity.

E. Veluxe may terminate this Agreement or suspend your ability to use the Veluxe Service effective immediately and without any notice or explanation if we believe you to be in violation of any part of this Agreement.

2. VELUXE IS NOT A PARTY TO SERVICE TRANSACTIONS OR AGREEMENTS BETWEEN VELUXE PROVIDERS AND VELUXE CUSTOMERS
In using any Veluxe Service or the services of any VP, you expressly understand, acknowledge and agree that:

A. The Veluxe Service does NOT INCLUDE, and Veluxe does not itself provide, beauty, fitness and wellness services of the type provided by Veluxe Providers. Rather, Veluxe DOES offer information about VP services made available by VPs and a means for VPs and VCs to schedule appointments, connect with each other and arrange payment for services offered by VPs through the Veluxe Service and its APP. VPs may, in their sole discretion, accept or reject a booking request and Veluxe has no authority to insist on a VP’s acceptance of a booking request (although Veluxe will endeavor to locate a willing VP when it receives a VC booking request).

B. VPs are not employees, agents, partners, joint-venturers, or franchisees of Veluxe and, as such, Veluxe has no control over any VP or over his or her honesty, suitability, effectiveness, integrity, reliability or the quality, suitability, or over the legality, timing, completeness or provision of (or failure to provide) services by any VP. Veluxe is not and will not be a party to, or guarantor of, any contract, agreement or understanding for the provision of any service by a Veluxe Provider.

3. PAYMENT AND RELATED TERMS

For the convenience of VCs and VPs, Veluxe is granted the right to set and make public the prices of services provided by VPs. Veluxe may change the payment terms and fees for VP services, as it deems necessary in the interest of its business. The Company encourages you to refer frequently to the Veluxe website for current pricing and fee information.

You are obligated to pay for any services, products, programs or other things of value which you order or agree to purchase through the Veluxe Service or otherwise through or from Veluxe by any means including the Veluxe Service and its APP, the Veluxe website or other means including by email, telephone or other communication outside the Veluxe APP. You are obligated, and hereby agree, to pay for the services of VPs as follows:

A. Any fees payable are due immediately upon the scheduling or ordering of any products, services, programs or other things of value from or through Veluxe. These fees are payable by credit card, PayPal or other company accepted means of payment and are non-refundable, unless service appointments are cancelled at least 24 hours in advance of any appointment start time. In order to use the Veluxe Service, you must provide information for at least one valid and operational credit card or debit card or other Veluxe-approved form of payment. You may at any time edit such information or provide an alternative valid and operational Veluxe-approved form of payment. Your credit card, debit card or other form of payment will be charged in full for the scheduled service at the time of booking.

B. Except as described above, no refunds, credits or other amounts will be provided to any VC once a VC’s credit card has been charged, except in cases of charge-related numeric errors by Veluxe.

C. To the extent permitted by law, you understand and agree that we may use third-party vendors and service providers of our choosing to process payments.

D. Only you are authorized to use your Veluxe account, and it is your responsibility to maintain the confidentiality of your account information, including any name, password and other information submitted to Veluxe in confidence. You may not assign or otherwise transfer your account to any other person or entity, nor may you allow others to use your user status.

E. You are solely responsible for any activity, including requests for services, payments, and transfers of funds or other activities that occur within or through your account. Veluxe has no control over the use of any User’s account and hereby disclaims any liability in connection therewith; you, as a User, acknowledge this limitation and you expressly hold Veluxe harmless for any misuse, appropriation of funds or other improper activity in connection with the use of your account.

4. VELUXE UNDERTAKES NO LIABILITY FOR ACTS OR OMISSIONS OF VPs OR OTHERS; NO WARRANTIES OR GUARANTEES RELATING TO USE OF THE VELUXE SERVICE

In using the Veluxe Service, you further expressly understand, acknowledge and agree that:

A. Your use of the Veluxe Service is at your own risk, and Veluxe has no responsibility for, and undertakes no liability with respect to, the services provided by Veluxe Providers to you or other parties. Veluxe provides its services strictly on an “as is” basis without any warranties of any kind, either express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular use or purpose or non-infringement.

B. Veluxe expressly disclaims all warranties, representations, conditions or indemnities, express or implied, in connection with the provisions of Veluxe Services or the services of Veluxe Providers, including without limitation, any representation or warranty as to the information provided about Veluxe Providers and any acts or omissions of Veluxe Providers. Although Veluxe may undertake to perform or have performed background checks or similar investigations of Veluxe Providers, Veluxe does not thereby or otherwise warrant the accuracy of those checks or investigations, and by undertaking any such checks and/or investigations, Veluxe cannot and does not purport to confirm any information regarding, or the reliability, skill, or safety of, any Veluxe Provider.

C. Neither Veluxe nor any of its affiliates, subsidiaries, owners, shareholders, directors, officers, employees, attorneys, managers, representatives, agents, licensors or licensees is or shall be deemed liable or otherwise responsible for any claim, injury, loss or direct damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, and even if advised of the possibility of such damages, which arise out of or are in any way connected with (a) this Agreement, (b) your use of the Veluxe Service, (c) any act or omission on the part of a Veluxe Provider whether or not related to the Veluxe Provider’s services offered or delivered through Veluxe. You therefore hereby release and hold harmless Veluxe and related persons or entities mentioned in the preceding sentence from any and all types or kinds of claims, demands, damages (whether known or unknown, disclosed or undisclosed) and liabilities of every kind described in the preceding sentence, that may be in any way connected to the use of Veluxe Services or disputes between Veluxe users.

D. Veluxe has no responsibility for damage, injury or loss in connection with the use of any equipment by a Veluxe Provider or for injury or loss incurred in the course of any exercise or other physical activity performed at the direction, request or suggestion of any Veluxe Provider.

E. Veluxe does not warrant that your personal information will not be stolen, compromised, hacked or otherwise misappropriated, damaged destroyed, deleted or used by others without your permission. And you understand and agree that Veluxe does not warrant that the Veluxe Service will be error free or accessible without interruption. Nor does Veluxe warrant that its service will be free from any viruses, Trojan Horses, worms or other maladies that might cause damage.

F. Veluxe makes no representation, warranty or guaranty as to the suitability, availability, accuracy or completeness of the service or software. The company does not represent, warrant or guarantee that its services will be (a) free from delay or (b) accessible without interruption, or (c) secure from or free of trojan horses, worms, or any other maladies, including those described in section 8 (J) below, that might cause damage to your software or hardware or otherwise cause you harm.

5.VELUXE INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION, LICENSE GRANTS BY VELUXE AND BY YOU AND ATTENDANT LIMITATIONS

A. License Granted By Veluxe:

1. You understand and agree that The Veluxe company name, logo, and related product names associated with the Veluxe Service and software are trademarks or other property of the Company and no right or license for use is granted to you or any other party except as expressly done so by separate agreement with the Company. Veluxe, Inc. has specifically registered the trademarks “Veluxe” and “veluxe.com” and these service marks are owned by Veluxe, Inc., and you may not, without express permission from Veluxe, use or copy these marks, or any other trademark, service mark, logo or trade name appearing on veluxe.com or in Veluxe services that may be owned by another party or entity.

1. You hereby acknowledge and agree that Veluxe alone (and any express licensees of Veluxe) owns or possesses by permission all rights, titles and interest in and to the Veluxe Service, Veluxe software and Veluxe intellectual property and proprietary material, including, but not limited to, any and all company content made available on the APP or otherwise posted for publication by Veluxe, ideas, suggestions, feedback, suggested enhancements, recommendations or other information provided to the company by you or any other party relating to the Veluxe Service or software, text posted or otherwise transmitted by Veluxe or other users, logos, designs, graphics, music or other sounds accompanying material on the Veluxe APP, website or elsewhere, videos, pictures, drawings or images, software and other content. All said proprietary material, as well as the arrangement, selection, enhancement or coordination of said material, is owned by Veluxe, Inc. as a collective work under the United States Copyright Act, as amended, and is protected in all forms, media and technologies now available or known or later developed. No user may copy, use, redesign or reconfigure, download or retransmit any such proprietary material from the Veluxe service or Veluxe.com or otherwise without the express written and prior consent of Veluxe, Inc.

1. Veluxe hereby grants to you, subject to your strict compliance with the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable and revocable license to use the Veluxe Service, APP and related technology solely to support your permitted use of the Veluxe Services and to view, download and print any company content for your personal, non-commercial purposes and to view user content for the same purpose and subject to the same limitations. Any and all other uses are prohibited. You agree that you will not attempt to sublicense the rights granted here, and that you will not use, copy, adapt, modify, prepare derivative works from, distribute, sell, transfer, stream or commercially exploit the Veluxe Service, APP or other User content except as expressly permitted by and in this Agreement or by separate agreement with the company. This Agreement is not a sale and does not convey to you any right of ownership in or related to the Veluxe Service or the software or any other intellectual property rights owned by the Company.

1. You further agree not to modify or make derivative works from Veluxe software or create links to the Veluxe Service or frame or reverse engineer or mirror any Veluxe software for any use other than as expressly authorized by Veluxe.

1. You also agree not to use your access to Veluxe software or any Veluxe confidential or proprietary information to create a service that competes with Veluxe in any line of business and in which Veluxe is engaged.

1. You agree not to copy any features, functions, ideas or graphics from the Veluxe Service for your own commercial use or that of others with whom you have a commercial relationship.

B. License Granted By You:

To the extent you make available any user content on or through the Veluxe App or Service, you hereby grant to the company an irrevocable, worldwide, perpetual non-exclusive, transferable, royalty-free license, with right to sublicense, to use, distribute, sell and in any all other ways to exploit such user content on or through the Veluxe Service or APP. And, you represent and warrant that you either own or have express permission to make available through the Veluxe Service or APP any and all material you make available and that neither the content you make available nor the company’s use of it will infringe, misappropriate or otherwise violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of privacy or publicity or result in a violation of any law or regulation.

6. INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Veluxe, its affiliates, subsidiaries, owners, shareholders, directors, officers, employees, attorneys, agents, licensors, licensees, and independent contractor service providers from and against any and all claims, losses, expenses or demands of liability, as well as attorney fees in connection therewith incurred in connection with (a) your use of (or your inability to access or use) Veluxe or its services, (b) your violation or breach of any term of this agreement or applicable law or regulation, whether or not referenced herein (c) your violation of the rights of any third party, or (d) your misuse of the company services or software. Veluxe reserves the right to assume exclusive defense and control of any matter subject to your indemnification. You agree that you will not, however, settle any claim or matter without the written consent of Veluxe.

7. FURTHER COMMITMENTS AND AGREEMENTS

You further agree that you will not under any circumstance:

A. Use Veluxe to advertise or offer any goods or services that compete with goods or services offered through Veluxe or attempt in any fashion to establish a commercial relationship with any VP for the purpose of circumventing Veluxe’s role as a facilitator of such relationships and in denial of Veluxe’s economic participation in your use of services from a VP;

B. Without the express agreement of Veluxe, use Veluxe and/or its service for any commercial purpose or gain or to solicit for any other service, business, website or organization or to seek employment, contracts or other business or advantage unrelated to the services of Veluxe;

C. Launch automated scripts or programs designed to unduly burden or hinder the operation and efficiency of the Veluxe Service;

D. Use the Veluxe Service and/or Veluxe software to send, store, transfer, upload or otherwise transmit (1) spam or unsolicited messages in violation of any law material of any kind or (2) material of any kind that contains viruses, Trojan Horses, cancelbots, worms, time bombs or any similar programming or form of corrupted, damaging or potentially damaging or intrusive software or malware or any other computer code, files, scripts or programming that is designed to do damage or cause harm or surreptitiously monitor or copy or invade. Gain unauthorized access to the Veluxe Service or software or interfere with or disrupt or adversely affect the performance of the Veluxe Service or software;

E. Harass, defame, threaten, verbally abuse, stalk or otherwise violate or compromise the legal rights or privacy of any Users or others;

F. Publish or distribute in any manner material whether in words or otherwise that are obscene, profane, racist, abusive of other persons or groups, violent, infringing of legal rights (including intellectual property rights), defamatory or illegal;

G. Use Veluxe or its services to commit illegal acts of any kind;

H. Publish in any way content that exploits children under the age of 19, including in a sexual, obscene, debasing or violent manner

I. Post comments anonymously or in the name of another person, impersonate another person or use the credit card information of another person;

J. Suggest or imply any non-existent relationship with Veluxe or any user or any other person or entity or imply any endorsement by any such third party or entity;

L. Copy without permission or remove or alter any Trademark or copyrighted material or proprietary marks owned by Veluxe or any VP or VC without express permission from the owner thereof;

M. Collect usernames or other information regarding VPs or VCs, including but not limited to email addresses, without the express written consent of Veluxe;

N. Use any technology or device, including but not limited to robots to data-mine, data crawl, index or “scrape” Veluxe.com;

O. Interfere in ANY way, including by “hacking” or otherwise, with Veluxe.com or its connected networks of servers; or

P. Provide to or through Veluxe any information (i) about you or otherwise that is false or misleading or inaccurate, (ii) that is fraudulent or part of any illegality; (iii) that involves the purchase or sale of items that are stolen or counterfeit; (iv) that violates any law, statute, regulation or ordinance of any kind whatsoever; (v) that infringes any Veluxe OR any third party’s copyright, patent, trademark trade secret of any other proprietary right or right of privacy;

8. OTHER WEBSITES

Links, including hyperlinks, to other websites, including those that contain or reference advertisements, are not intended to and do not imply or constitute endorsement of those sites or their content by Veluxe or its website. Veluxe does not control such sites and has no responsibility for their content, and Veluxe provides such links for informational purposes and for convenience or reference only. The use of any such website is governed by the terms and conditions and privacy policies of those sites and not by the Terms and Conditions or Privacy Policy of Veluxe. Veluxe does not in any way endorse or suggest any products or services offered or any other material on such linked sites. Veluxe expressly disclaims any responsibility or liability arising in any way from your use or viewing of any such links or websites. You therefore agree to hold Veluxe, Inc. harmless for any damage or injury or liability that may result from your use of links that may appear on the Veluxe Service.

9.BREACH OF THESE TERMS, TERMINATION AND SUSPENSION

Veluxe reserves the right to terminate or suspend, without notice to you, your right to use the service if you breach any term of this agreement or for no reason in its sole discretion. In the event of termination or suspension, Veluxe will refund to you any undisputed balance in your account.
You hereby acknowledge Veluxe’s termination and suspension rights and agree that you have no right hereunder or by force of law to dispute, challenge, seek damages or injunctive relief for or otherwise challenge Veluxe’s decision in this regard. Moreover, Veluxe’s reservation of the right to terminate or suspend is not to be construed as foregoing the right to pursue ANY other available legal redress available to Veluxe and you agree that, following termination or suspension, Veluxe has the right to enforce this Agreement against you.
You may terminate this Agreement at any time by ceasing to use Veluxe’s services. In that event, any and all provisions of this Agreement which reasonably should survive termination, including providing for the protection of other Users, Veluxe and third parties shall survive termination of this Agreement.

10. TERMINATION OF OR CHANGES TO THE VELUXE SERVICE

Veluxe reserves the right to terminate or modify without notice its services and/or these Terms and Conditions of the Service. Veluxe and Users agree that no termination or modification shall give rise to any liability whatsoever on the part of Veluxe.

11. DISPUTE RESOLUTION, GOVERNING LAW

You and Veluxe agree that it is desirable to resolve differences without resorting to litigation. As such:

A. You and Veluxe agree that any claim, dispute or controversy between us shall first be subject, for a period of 45 days, to informal negotiation between you and Veluxe. The party initiating such negotiation agrees to notify the other party in writing of a demand for said negotiation. Your address for purposes of notification is that which you have placed on file with Veluxe. Veluxe’s address for this purpose is: 11654 Plaza America Drive, #716, Reston VA 20190

B. If informal negotiations are unsuccessful, then you and Veluxe agree to submit the matter to Binding Arbitration, which may be initiated by the complaining party. Any such decision to submit to arbitration shall be final and binding on both parties and shall be government by the law of Delaware.

C. You understand and agree that, if either party submits the matter to arbitration, then neither party shall have the right to sue in a court of law or to have a jury trial.

D. The ARBITRATION will be conducted under the American Arbitration Association’s (“AAA’s”) Commercial Arbitration Rules (“AAA Rules”) and, as appropriate, the Supplementary Procedures for Consumer Related Disputes of the AAA. (For a copy of those procedures, see www.adr.org.)

E. Your Arbitration Fees and your share of the compensation for the Arbitrator will be governed by the AAA’s Rules (and may be limited by the AAA Consumer Rules).

F. Arbitration may be conducted in person, through the submission of documents, by phone or online.

G. You and we understand and agree that the following disputes are not subject to the above-stated provisions regarding informal negotiation and binding arbitration:
a. Matters concerning the validity of any party’s intellectual property right;
b. Matters arising from claims of theft, piracy, or unauthorized use of Veluxe services; and
c. Claims for injunctive relief.

H. In-person Arbitration or meetings related thereto will take place at the offices of the AAA in Washington, D.C.

I. No matter submitted to arbitration shall be joined with any other matter or decided on a class action basis or be brought in a representative capacity on behalf of other persons.

12. SEVERABILITY AND OTHER LEGAL AGREEMENTS

A. You and Veluxe understand and agree that if any provision of this agreement, including that regarding dispute resolution, is deemed illegal or unenforceable, then that provision shall be severed from the agreement and that the remainder of the provision and the agreement shall be given full force and effect. Any matter governed by any provision or portion thereof deemed illegal or unenforceable may still be decided by an arbitrator or a court of competent jurisdiction and you and Veluxe agree to submit to the jurisdiction of such court.
B. Failure by Veluxe to enforce any provision of this agreement shall not be construed as a waiver of that provision or of any other provision or right set forth in this agreement.
C. This agreement sets forth our entire understanding and agreement with respect to its subject matter and will not be altered or revised by any purported oral modification or other change.
D. This agreement shall also inure in all respects to the successors and assigns of Veluxe and Veluxe.com.

APPENDIX A

VELUXE PRIVACY POLICY

Thank you for visiting the Veluxe Web or Mobile Application (“APP”) or veluxe.com, the website operated by Veluxe, Inc. (herein “Veluxe,” “we” or “us”). This Privacy Policy (“Policy”) explains the online information practices of Veluxe and sets out what information we collect through our websites and applications, which includes any online and mobile sites, applications and services owned, operated or offered by us or on our behalf (each a “Site” and collectively the “Services”), how we collect it, and what we do with it. Please contact us as indicated in the “Contact Us” section below if you have any questions or would like additional information.

This Privacy Policy is an essential part of the Veluxe Terms and Conditions of Use. As such, it is important that you review these terms with care and understand that, by using the Veluxe Service, you are bound by these terms. Additionally, because we may update this Policy from time to time, you should take care to check this Policy periodically for changes.

Your Information

We may collect non-public, personal and/or non-personal information when you use our Sites or when you communicate with us through our Sites. We define “personal information” as information that is unique to an individual and might include the following alone or in some combination: name, date of birth, mailing address, zip code, other contact information, billing information, email addresses, social security number, other government-issued identification number, and telephone numbers. We will update your information as information is processed through the Site and/or new information is made available to us in an effort to keep your information current, accurate and complete. On certain sections of our Site, only persons who provide us with the requested personal information will be able to purchase, license and/or apply for Veluxe Services (as defined in the Veluxe Terms and Conditions of Use), Veluxe Provider (“VP”) services or products and programs that are or may be made available by or through the Site (“Products”). You may be required to choose a user name and/or password. You acknowledge and agree that we may use and rely on this password to identify you. Site usage, measurement, analytics, trends, patterns and other data and information available to us and/or our third party service providers in aggregated, anonymous or other non-personalized forms or formats (“Analytics”) are outside the scope of this Privacy Policy and not subject to the collection or usage restrictions set forth herein; for clarity, we and our service providers may freely collect and use such Analytics in our and their discretion.

Our Use of Your Information

We may use the personal information you provide about yourself to fulfill your requests for Veluxe Service or Veluxe or third party Products or programs, to respond to your inquiries about our offerings, to offer you other Veluxe or third party products, programs or services that we believe may be of interest to you, to enforce the legal terms that govern your use of our Sites and/or for the purposes for which you provided the information as may be stated at the point where the information is collected. We also sometimes use this information to communicate with you. Further, we reserve all rights necessary to use and disclose your personal information as required and/or permitted pursuant to all laws, rules and regulations applicable to us and our Products. Subject to applicable contractual or legal restrictions, your personal information may be disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements; such disclosure may also be necessary and therefore be made in connection with other business purposes including, without limitation, administration of a Site and/or Services or Products offered through the Site, customer care or convenience, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection, account maintenance and fulfillment activities, including performance of any compliance obligations required or permitted by law in connection therewith, or otherwise as we are required or permitted by law.

If you do not agree to Our Use of Your Information above, we cannot do business with you. Your continued use of the Veluxe Service, or Veluxe Provider services, or of the APP or our Veluxe website or other related Sites constitutes your acceptance of this Policy. Information collected by us through the Site is considered a corporate asset and subject to transfer, sale and assignment to any successor-in-interest in the event of a corporate reorganization, merger or sale.

Contests and Other Promotions

Products we may offer through our Sites may include contests and other promotions from time to time (“Promotions”). These Promotions may require you to register via an online form to register and/or create a user account. If you choose to participate in these Promotions, and are eligible to do so, we may ask you for personal information such as your name, mailing address, email address, date of birth and telephone number. These Promotions may also allow us to share information about these Promotions with others, including our advertising and marketing agencies who may conduct of fulfill these Promotions on our behalf. In addition to our other permitted usage rights under this Policy, we will use any information you provide to administer the Promotion, including to award prizes, report such awards to applicable tax authorities, comply with other applicable laws, rules and regulations and perform other compliance and offset obligations required or permitted by law in connection with the awarding of prizes. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you identify, about our Products, to allow our partners to communicate with you about the Promotion or their products and services, for other purposes disclosed to you at the point of data collection, and to comply with all laws, rules, regulations, policies and procedures applicable to us and our Products.

Direct Marketing Material

Subject to applicable contractual or legal restrictions, we may contact you with information on offers of new or existing products, services, offerings and upcoming events, including products and services provided by our partners or vendors and serviced or facilitated by or through our Site. When you use our Sites, make a purchase and/or submit information for our Products online, you agree and consent to electronic communications with us, including transactional and relationship messages. From time to time, you may be able to indicate your preference regarding receipt of direct marketing material for products and services of an unaffiliated third party in your capacity as a Site user. If you do not wish to receive such information or would like to change your preference, please refer to “Your Rights” below.

Email

We appreciate your questions and comments about us and our Products and welcome your email messages at support@veluxe.com. We will share your messages with those within our organization and to applicable third-party providers who we believe are most capable of addressing your questions and comments. We may archive your message for a certain period of time or discard it once it is no longer needed.

Your Rights

You have the right to ask in writing not to receive direct marketing material from us for which the primary purpose is the commercial advertisement or promotion of a commercial product or service. If applicable, you can amend your previous preference by clicking on the appropriate “unsubscribe” button included with such direct marketing message and opt-out of receiving future commercial advertisements or promotions for that product or service. Once properly notified by you, we will take steps to stop using your information in this way or to modify your information, as applicable. Please allow us a reasonable period of time in order to satisfy your request. We note that without use of your information, we may not be able to provide you the Products or the same quality of Products you request. If you request removal of certain information from your account, then we will only retain copies of such information as necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement you have entered into with us and as otherwise reasonably necessary for our business purposes, including compliance with all laws, rules and regulations applicable to us and our Products. The foregoing does not constitute and we do not make any representation, express, implied or statutory, all of which are hereby expressly disclaimed, that all electronic copies of your information have been destroyed. For clarity, with respect to certain Products available through the Site, our ability to remove or stop using information submitted from you that is fundamental to your ability to receive or continue to receive and/or benefit from that Product is limited by all laws, rules and regulations applicable to us and that specific Product.

Use of Tools, “Cookies” and Links to Other Websites

A Site may use “cookies.” Cookies allow us to identify your computer, but not you personally. You can set your web browser to refuse cookies. However, if you do so, you may not be able to enjoy access and use all of the Products and services available to you on this Site.
We may use information we hold and cookies to identify your individual Site search behavior, location and preferences. This will enable us to send you more personalized and relevant communications. You will be given the opportunity on every personalized direct marketing communication from us for which the primary purpose is the commercial advertisement or promotion of a commercial product or service to opt-out of this personalization except in circumstances where such personalization is required for the proper administration and operation of a specific Site section or Product.
We and our third party service providers and partners may collect information relating to Analytics and use cookies and software tools to measure site usage and related information. If you are making a purchase or an application for a Product, we may also use cookies to keep track of the transaction from one web page to another.

In addition to the information we collect from cookies, we may also obtain information which you provide to us online – for example, when you sign up for new Product updates or when you purchase Products, or otherwise when you communicate with us. In some cases, we retain both the cookie information and/or the information you provide to us online – for example, to complete a transaction you requested or to keep historical records of your past transactions. In other cases, we only retain the cookie and/or online information you give us if you request us to do so for your use in subsequent sessions.
An Internet Protocol (“IP”) address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit this Site, we may view the IP address (which may include the city, domain address and service provider) of the device you use to connect to the Internet. We use this information to determine the general physical location of the device, understand the general location of visitors to this Site and verify eligibility to participate in certain features and offerings of the Site. We also may use this information to enhance and administer the Site and any Products.

Certain pages on our website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow us and our third-party service providers and partners to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

For third party products and services available to you through this Site, we may share any or all of the information we collect with such provider to assist in your receipt of and access to such products and services. In such circumstances, you may be asked to accept the terms and privacy policies of such provider. You should read all applicable terms and policies carefully to ensure you understand how such third party may use your information.

Children

The Sites are not intended or authorized for, or designed to attract, use by any person under the age of 18. We recognize that areas of the Sites are generally available for viewing by visitors to the Site; however, areas of the Site that require registration and the submission of personal information are intended solely for persons over the age of 18. Accordingly, we do not knowingly collect information from or about children or provide services to children on this Site. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Monitoring

To ensure that we carry out your instructions accurately, improve our products and services, provide security and enable compliance with all laws, rules and regulations applicable to us and our Products, we may monitor and/or record: (1) telephone calls and (2) transactions and activities on the Sites. All recordings and other records are our sole property. Your use of our Sites and Products constitutes your consent to such recordings.

Security Statement

We take reasonable steps to protect your personal information, including keeping your personal and sensitive information private and safe. You acknowledge, however, that no transmission of data over the Internet can be guaranteed to be 100% secure, despite our efforts. Thus, while we will use and will require our applicable service providers to use commercially reasonable means consistent with general industry standards to secure information you transmit to us consistent with our legal requirements, we cannot guarantee that such information will not be intercepted by third parties.

Visiting This Website From Outside of The United States

If you are visiting a Site or attempting to purchase Products from outside of the United States or otherwise contacting us from outside of the United States, please be aware that your personal information may be transferred to, stored or processed in the United States, where many of the service providers and servers related to the Sites are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. Nothing in this Section is intended to expand or otherwise alter any provisions set forth or referenced in the applicable terms of use limiting access to and use of the Site and/or any Products available on or through the Site to certain locations.

Changes to this Policy

We may change this Policy at any time. Any changes to this Policy will be posted on this Site or made available on request. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. This Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party.

Links to Other Websites

For your convenience, we may provide links to other websites and web pages that we do not control. We cannot be responsible for the terms of use or privacy practices of any websites, pages, products or services not under our control and we do not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages. Please refer to the privacy policies applicable to those third party websites.

How To Contact Us

If you have any questions about this Policy or would like to learn more about how we protect privacy, please write to us at Veluxe, Inc.,